Attorney On Ray Rice Video: ‘The Tape Does Change Things, They Could Press Charges Without Her’

OWINGS MILLS, MD - MAY 23: Running back Ray Rice of the Baltimore Ravens looks over his notes while addressing a news conference with his wife Janay at the Ravens training center on May 23, 2014 in Owings Mills, Maryland. Rice spoke publicly for the first time since facing felony assault charges stemming from a February incident involving Janay at an Atlantic City casino. (Photo by Rob Carr/Getty Images)

By Dom Giordano

PHILADELPHIA (CBS) – Dom Giordano spoke with Attorney Travis Tormey to discuss former NFL player Ray Rice’s plea agreement with Atlantic County to enter Pre-Trial Intervention and attend an anger management program after being charged with hitting his then fiancée in an Atlantic City casino elevator earlier this year.

Tormey said the introduction of a video tape that shows the violent altercation would probably not have altered the outcome of the case.

“The tape does change things because even without her, as long as they have a custodian of record from the casino come in, they could corroborate the tape and they, technically, could continue to press the charges against him, even without her. Now that is very rare though. I have to say, in my career, I’ve almost never seen the state pursue charges over the wishes of a victim.”

Attorney Travis Tormey

He also believes that Rice received the same treatment that any other first time offender would receive in his situation.

“What people are getting wrong in the media, I’ve heard people say ‘well he should’ve gotten jail.’ He would never get jail. It’s a third degree aggravated assault; he’s facing three to five years in New Jersey state prison, but there’s a presumption of non-incarceration for first time offenders. So that means even if he were convicted, let’s say they bounced him from PTI, they said ‘no, we’re not going to give you that, we’re going to take you to trial over her objections,’ they try the case and they win, best case scenario, the judge is going to give him probation anyway. The only difference is that he would have a felony on his record.”